02/08/2023
Clients often ask how long their personal injury case will take.
One of the most frustrating aspects of any personal injury case is the length of time it can take to resolve. Every case is different, but it is not unusual for a personal injury case to take several years from the date of injury to finally conclude. While there can be many reasons for this delay, below I explain two of the ones most frequently encountered.
The first reason is that a case is usually not ready for settlement until the injured client has finished with their medical treatment. In most cases, it is imperative that the client is sure they have finished treatment for their injuries- or at the very least knows the full extent of their injuries and the future cost to treat these injuries. In a personal injury case, the injured client gets only one chance to settle their case. Once the release with the insurance company is signed, there is no going back for additional compensation. Imagine this nightmare scenario: a client is injured in a car crash, but thinks he only has a shoulder sprain. The client’s case is valued as a sprain/strain by the client, their lawyer and the insurance company, and the case settles. Unfortunately, after the release of claims is signed, the client discovers that they actually have a torn rotator cuff that will require surgery. This surgery will will cost tens of thousands of dollars, and put the client out of work for months. In this situation, the injured client is out of luck, at least with respect to the case, because the release is final and legally binding.
Another reason cases can take so long is that insurance companies will often fail to negotiate in good faith, or offer full value on a case, at the outset of settlement talks. Instead, an insurance company will make lowball offers to start, hoping that the injured party will settle their case for pennies on the dollar. In many cases, you will not get an insurance company’s best offer until trial is about to begin, which can be years after the event that caused the injuries.
The process of waiting out a personal injury claim is no fun. Nonetheless, remaining patient and opting against settling early on in the case will generally yield the greatest result.
